On the Possibilities and Limitations of Arbitration Punishment
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Independence and impartiality are the operating core of an arbitration disciplinary mechanism. Due to many factors, illegalities and improper acts in arbitration cases are facts of life in our country, and have greatly damaged the credibility of arbitration. It is necessary for us to perfect the operating mechanism of arbitration discipline from the four pluralistic progressive aspects of disciplining the cause externalization, disciplining the subject duality, the quasi-judicature of disciplinary procedures and the disciplining measures so that the populace can experience fairness and justice in every case. We should perfect the supporting measures such as the strict selection conditions and procedures of arbitrators, improving the quality of the arbitrator team, exploring the management mechanisms and strengthening the evaluation dynamic. An examination is a general investigation and evaluation so as to provide encouragement for being continually engaged as arbitrators, but it does not provide an objective basis of arbitration discipline. It is urgent to perfect the arbitration guarantee system on the basis of meeting the material needs of the arbitrators so as to enhance the sense of professional rank and honour of arbitration.
Abstract
Independence and impartiality are the operating core of an arbitration disciplinary mechanism. Due to many factors, illegalities and improper acts in arbitration cases are facts of life in our country, and have greatly damaged the credibility of arbitration. It is necessary for us to perfect the operating mechanism of arbitration discipline from the four pluralistic progressive aspects of disciplining the cause externalization, disciplining the subject duality, the quasi-judicature of disciplinary procedures and the disciplining measures so that the populace can experience fairness and justice in every case. We should perfect the supporting measures such as the strict selection conditions and procedures of arbitrators, improving the quality of the arbitrator team, exploring the management mechanisms and strengthening the evaluation dynamic. An examination is a general investigation and evaluation so as to provide encouragement for being continually engaged as arbitrators, but it does not provide an objective basis of arbitration discipline. It is urgent to perfect the arbitration guarantee system on the basis of meeting the material needs of the arbitrators so as to enhance the sense of professional rank and honour of arbitration.
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